Full Text of HB5434 103rd General Assembly
HB5434ham002 103RD GENERAL ASSEMBLY | Rep. Jed Davis Filed: 4/15/2024 | | 10300HB5434ham002 | | LRB103 37482 RJT 72275 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5434
| 2 | | AMENDMENT NO. ______. Amend House Bill 5434, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 5. The School Code is amended by changing | 6 | | Sections 2-3.13a, 26-2a, and 26-12 as follows: | 7 | | (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a) | 8 | | Sec. 2-3.13a. School records; transferring students. | 9 | | (a) The State Board of Education shall establish and | 10 | | implement rules requiring all of the public schools and all | 11 | | private or nonpublic elementary and secondary schools located | 12 | | in this State, whenever any such school has a student who is | 13 | | transferring to any other public elementary or secondary | 14 | | school located in this or in any other state, to forward within | 15 | | 10 days of notice of the student's transfer an unofficial | 16 | | record of that student's grades to the school to which such |
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| 1 | | student is transferring. Each public school at the same time | 2 | | also shall forward to the school to which the student is | 3 | | transferring the remainder of the student's school student | 4 | | records as required by the Illinois School Student Records | 5 | | Act. In addition, if a student is transferring from a public | 6 | | school, whether located in this or any other state, from which | 7 | | the student has been suspended or expelled for knowingly | 8 | | possessing in a school building or on school grounds a weapon | 9 | | as defined in the Gun Free Schools Act (20 U.S.C. 8921 et | 10 | | seq.), for knowingly possessing, selling, or delivering in a | 11 | | school building or on school grounds a controlled substance or | 12 | | cannabis, or for battering a staff member of the school, and if | 13 | | the period of suspension or expulsion has not expired at the | 14 | | time the student attempts to transfer into another public | 15 | | school in the same or any other school district: (i) any school | 16 | | student records required to be transferred shall include the | 17 | | date and duration of the period of suspension or expulsion; | 18 | | and (ii) with the exception of transfers into the Department | 19 | | of Juvenile Justice school district, the student shall not be | 20 | | permitted to attend class in the public school into which he or | 21 | | she is transferring until the student has served the entire | 22 | | period of the suspension or expulsion imposed by the school | 23 | | from which the student is transferring, provided that the | 24 | | school board may approve the placement of the student in an | 25 | | alternative school program established under Article 13A of | 26 | | this Code. A school district may adopt a policy providing that |
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| 1 | | if a student is suspended or expelled for any reason from any | 2 | | public or nonpublic private school in this or any other state, | 3 | | the student must complete the entire term of the suspension or | 4 | | expulsion before being admitted into the school district. This | 5 | | policy may allow placement of the student in an alternative | 6 | | school program established under Article 13A of this Code, if | 7 | | available, for the remainder of the suspension or expulsion. | 8 | | Each public school and each private or nonpublic elementary or | 9 | | secondary school in this State shall within 10 days after the | 10 | | student has paid all of his or her outstanding fines and fees | 11 | | and at its own expense forward an official transcript of the | 12 | | scholastic records of each student transferring from that | 13 | | school in strict accordance with the provisions of this | 14 | | Section and the rules established by the State Board of | 15 | | Education as herein provided. | 16 | | (b) The State Board of Education shall develop a one-page | 17 | | standard form that Illinois school districts are required to | 18 | | provide to any student who is moving out of the school district | 19 | | and that contains the information about whether or not the | 20 | | student is "in good standing" and whether or not his or her | 21 | | medical records are up-to-date and complete. As used in this | 22 | | Section, "in good standing" means that the student is not | 23 | | being disciplined by a suspension or expulsion, but is | 24 | | entitled to attend classes. No school district is required to | 25 | | admit a new student who is transferring from another Illinois | 26 | | school district unless he or she can produce the standard form |
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| 1 | | from the student's previous school district enrollment. No | 2 | | school district is required to admit a new student who is | 3 | | transferring from an out-of-state public school unless the | 4 | | parent or guardian of the student certifies in writing that | 5 | | the student is not currently serving a suspension or expulsion | 6 | | imposed by the school from which the student is transferring. | 7 | | (b-5) A school district that has a student transferring to | 8 | | any other public or nonpublic elementary or secondary school | 9 | | or school district located in this State or in any other state | 10 | | may not remove the student from the school district enrollment | 11 | | roster until the school district receives written notification | 12 | | from the school or school district to which the student is | 13 | | transferring documenting that the student has enrolled there. | 14 | | The notification may include a request from the school or | 15 | | school district to which the student is transferring seeking | 16 | | the student's academic transcripts or medical records or | 17 | | signed documentation from the parent or guardian that the | 18 | | parent or guardian is educating the student at home. If the | 19 | | school district has not received the required written | 20 | | notification and the student has accrued 15 consecutive days | 21 | | of absence without valid cause, then Section 26-12 shall | 22 | | apply. | 23 | | (c) The State Board of Education shall, by rule, establish | 24 | | a system to provide for the accurate tracking of transfer | 25 | | students. This system shall, at a minimum, require that a | 26 | | student who has been removed from the district's enrollment |
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| 1 | | roster be counted as a dropout in the calculation of a school's | 2 | | or school district's annual student dropout rate unless the | 3 | | school or school district to which the student transferred | 4 | | (known hereafter in this subsection (c) as the transferee | 5 | | school or school district) sends notification to the school or | 6 | | school district from which the student transferred (known | 7 | | hereafter in this subsection (c) as the transferor school or | 8 | | school district) documenting that the student has enrolled in | 9 | | the transferee school or school district. This notification | 10 | | must occur on or before July 31 following the school year | 11 | | during which the student withdraws from the transferor school | 12 | | or school district or the student shall be counted in the | 13 | | calculation of the transferor school's or school district's | 14 | | annual student dropout rate. A request by the transferee | 15 | | school or school district to the transferor school or school | 16 | | district seeking the student's academic transcripts or medical | 17 | | records shall be considered without limitation adequate | 18 | | documentation of enrollment. Each transferor school or school | 19 | | district shall keep documentation of such transfer students | 20 | | for the minimum period provided in the Illinois School Student | 21 | | Records Act. All records indicating the school or school | 22 | | district to which a student transferred are subject to the | 23 | | Illinois School Student Records Act. | 24 | | (Source: P.A. 96-1423, eff. 8-3-10.) | 25 | | (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) |
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| 1 | | (Text of Section before amendment by 102-466 ) | 2 | | Sec. 26-2a. A "truant" is defined as a child who is subject | 3 | | to compulsory school attendance and who is absent without | 4 | | valid cause, as defined under this Section, from such | 5 | | attendance for more than 1% but less than 5% of the past 180 | 6 | | school days. | 7 | | "Valid cause" for absence shall be illness, including the | 8 | | mental or behavioral health of the student, observance of a | 9 | | religious holiday, death in the immediate family, attendance | 10 | | at a civic event, or family emergency and shall include such | 11 | | other situations beyond the control of the student, as | 12 | | determined by the board of education in each district, or such | 13 | | other circumstances which cause reasonable concern to the | 14 | | parent for the mental, emotional, or physical health or safety | 15 | | of the student. | 16 | | "Chronic or habitual truant" shall be defined as a child | 17 | | who is subject to compulsory school attendance and who is | 18 | | absent without valid cause from such attendance for 5% or more | 19 | | of the previous 180 regular attendance days. | 20 | | "Civic event" means an event sponsored by a non-profit | 21 | | organization or governmental entity that is open to the | 22 | | public. "Civic event" includes, but is not limited to, an | 23 | | artistic or cultural performance or educational gathering that | 24 | | supports the mission of the sponsoring non-profit | 25 | | organization. The State Board of Education may adopt rules to | 26 | | further define "civic event". |
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| 1 | | "Truant minor" is defined as a chronic truant to whom | 2 | | supportive services, including prevention, diagnostic, | 3 | | intervention and remedial services, alternative programs and | 4 | | other school and community resources have been provided and | 5 | | have failed to result in the cessation of chronic truancy, or | 6 | | have been offered and refused. | 7 | | A "dropout" is defined as any child enrolled in grades 9 | 8 | | through 12 whose name has been removed from the district | 9 | | enrollment roster for any reason other than the student's | 10 | | death, extended illness, removal for medical non-compliance, | 11 | | expulsion, aging out, graduation, or completion of a program | 12 | | of studies and who has not transferred to another public or | 13 | | nonpublic private school and is not known to be home-schooled | 14 | | by his or her parents or guardians or continuing school in | 15 | | another country. | 16 | | "Religion" for the purposes of this Article, includes all | 17 | | aspects of religious observance and practice, as well as | 18 | | belief. | 19 | | (Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; | 20 | | 102-321, eff. 1-1-22; 102-813, eff. 5-13-22; 102-981, eff. | 21 | | 1-1-23.) | 22 | | (Text of Section after amendment by P.A. 102-466 ) | 23 | | Sec. 26-2a. A "truant" is defined as a child who is subject | 24 | | to compulsory school attendance and who is absent without | 25 | | valid cause, as defined under this Section, from such |
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| 1 | | attendance for more than 1% but less than 5% of the past 180 | 2 | | school days. | 3 | | "Valid cause" for absence shall be illness, including the | 4 | | mental or behavioral health of the student, attendance at a | 5 | | verified medical or therapeutic appointment, appointment with | 6 | | a victim services provider, observance of a religious holiday, | 7 | | death in the immediate family, attendance at a civic event, or | 8 | | family emergency and shall include such other situations | 9 | | beyond the control of the student, as determined by the board | 10 | | of education in each district, or such other circumstances | 11 | | which cause reasonable concern to the parent for the mental, | 12 | | emotional, or physical health or safety of the student. For | 13 | | purposes of a student who is an expectant parent, or parent, or | 14 | | victim of domestic or sexual violence, "valid cause" for | 15 | | absence includes (i) the fulfillment of a parenting | 16 | | responsibility, including, but not limited to, arranging and | 17 | | providing child care, caring for a sick child, attending | 18 | | prenatal or other medical appointments for the expectant | 19 | | student, and attending medical appointments for a child, and | 20 | | (ii) addressing circumstances resulting from domestic or | 21 | | sexual violence, including, but not limited to, experiencing | 22 | | domestic or sexual violence, recovering from physical or | 23 | | psychological injuries, seeking medical attention, seeking | 24 | | services from a domestic or sexual violence organization, as | 25 | | defined in Article 26A, seeking psychological or other | 26 | | counseling, participating in safety planning, temporarily or |
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| 1 | | permanently relocating, seeking legal assistance or remedies, | 2 | | or taking any other action to increase the safety or health of | 3 | | the student or to protect the student from future domestic or | 4 | | sexual violence. A school district may require a student to | 5 | | verify his or her claim of domestic or sexual violence under | 6 | | Section 26A-45 prior to the district approving a valid cause | 7 | | for an absence of 3 or more consecutive days that is related to | 8 | | domestic or sexual violence. | 9 | | "Chronic or habitual truant" shall be defined as a child | 10 | | who is subject to compulsory school attendance and who is | 11 | | absent without valid cause from such attendance for 5% or more | 12 | | of the previous 180 regular attendance days. | 13 | | "Civic event" means an event sponsored by a non-profit | 14 | | organization or governmental entity that is open to the | 15 | | public. "Civic event" includes, but is not limited to, an | 16 | | artistic or cultural performance or educational gathering that | 17 | | supports the mission of the sponsoring non-profit | 18 | | organization. The State Board of Education may adopt rules to | 19 | | further define "civic event". | 20 | | "Truant minor" is defined as a chronic truant to whom | 21 | | supportive services, including prevention, diagnostic, | 22 | | intervention and remedial services, alternative programs and | 23 | | other school and community resources have been provided and | 24 | | have failed to result in the cessation of chronic truancy, or | 25 | | have been offered and refused. | 26 | | A "dropout" is defined as any child enrolled in grades 9 |
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| 1 | | through 12 whose name has been removed from the district | 2 | | enrollment roster for any reason other than the student's | 3 | | death, extended illness, removal for medical non-compliance, | 4 | | expulsion, aging out, graduation, or completion of a program | 5 | | of studies and who has not transferred to another public or | 6 | | nonpublic private school and is not known to be home-schooled | 7 | | by his or her parents or guardians or continuing school in | 8 | | another country. | 9 | | "Religion" for the purposes of this Article, includes all | 10 | | aspects of religious observance and practice, as well as | 11 | | belief. | 12 | | (Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; | 13 | | 102-321, eff. 1-1-22; 102-466, eff. 7-1-25; 102-813, eff. | 14 | | 5-13-22; 102-981, eff. 1-1-23 .) | 15 | | (105 ILCS 5/26-12) (from Ch. 122, par. 26-12) | 16 | | Sec. 26-12. Punitive action. | 17 | | (a) No punitive action, including out-of-school | 18 | | suspensions, expulsions, or court action, shall be taken | 19 | | against truant minors for such truancy unless appropriate and | 20 | | available supportive services and other school resources have | 21 | | been provided to the student. Notwithstanding the provisions | 22 | | of Section 10-22.6 of this Code and except as otherwise | 23 | | provided in this subsection (a) , a truant minor may not be | 24 | | expelled for nonattendance unless (i) the student he or she | 25 | | has accrued a minimum of 15 consecutive days of absences |
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| 1 | | without valid cause , (ii) and the student cannot be located by | 2 | | the school district or the school district has located the | 3 | | student but cannot, after exhausting all available supportive | 4 | | services, compel the student to return to school , and (iii) | 5 | | the school district has documented that the truant officer or, | 6 | | in a school district that does not have a truant officer, the | 7 | | regional superintendent of schools or the regional | 8 | | superintendent's designee was unable to locate the student or | 9 | | was unable to compel the student to return to school. A school | 10 | | district may not expel a student for nonattendance, regardless | 11 | | of the number of days of unexcused absences, if the student or | 12 | | the student's parent or guardian has indicated to the district | 13 | | an intent for the student to return to school by a specified | 14 | | date and the student returns on or before that date . | 15 | | (b) A school district may not refer a truant, chronic | 16 | | truant, or truant minor to any other local public entity, as | 17 | | defined under Section 1-206 of the Local Governmental and | 18 | | Governmental Employees Tort Immunity Act, for that local | 19 | | public entity to issue the child a fine or a fee as punishment | 20 | | for his or her truancy. | 21 | | (c) A school district may refer any person having custody | 22 | | or control of a truant, chronic truant, or truant minor to any | 23 | | other local public entity, as defined under Section 1-206 of | 24 | | the Local Governmental and Governmental Employees Tort | 25 | | Immunity Act, for that local public entity to issue the person | 26 | | a fine or fee for the child's truancy only if the school |
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| 1 | | district's truant officer, regional office of education, or | 2 | | intermediate service center has been notified of the truant | 3 | | behavior and the school district, regional office of | 4 | | education, or intermediate service center has offered all | 5 | | appropriate and available supportive services and other school | 6 | | resources to the child. Before a school district may refer a | 7 | | person having custody or control of a child to a municipality, | 8 | | as defined under Section 1-1-2 of the Illinois Municipal Code, | 9 | | the school district must provide the following appropriate and | 10 | | available services: | 11 | | (1) For any child who is a homeless child, as defined | 12 | | under Section 1-5 of the Education for Homeless Children | 13 | | Act, a meeting between the child, the person having | 14 | | custody or control of the child, relevant school | 15 | | personnel, and a homeless liaison to discuss any barriers | 16 | | to the child's attendance due to the child's transitional | 17 | | living situation and to construct a plan that removes | 18 | | these barriers. | 19 | | (2) For any child with a documented disability, a | 20 | | meeting between the child, the person having custody or | 21 | | control of the child, and relevant school personnel to | 22 | | review the child's current needs and address the | 23 | | appropriateness of the child's placement and services. For | 24 | | any child subject to Article 14 of this Code, this meeting | 25 | | shall be an individualized education program meeting and | 26 | | shall include relevant members of the individualized |
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| 1 | | education program team. For any child with a disability | 2 | | under Section 504 of the federal Rehabilitation Act of | 3 | | 1973 (29 U.S.C. 794), this meeting shall be a Section 504 | 4 | | plan review and include relevant members of the Section | 5 | | 504 plan team. | 6 | | (3) For any child currently being evaluated by a | 7 | | school district for a disability or for whom the school | 8 | | has a basis of knowledge that the child is a child with a | 9 | | disability under 20 U.S.C. 1415(k)(5), the completion of | 10 | | the evaluation and determination of the child's | 11 | | eligibility for special education services. | 12 | | (d) Before a school district may refer a person having | 13 | | custody or control of a child to a local public entity under | 14 | | this Section, the school district must document any | 15 | | appropriate and available supportive services offered to the | 16 | | child. In the event a meeting under this Section does not | 17 | | occur, a school district must have documentation that it made | 18 | | reasonable efforts to convene the meeting at a mutually | 19 | | convenient time and date for the school district and the | 20 | | person having custody or control of the child and, but for the | 21 | | conduct of that person, the meeting would have occurred. | 22 | | (Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18; | 23 | | 101-81, eff. 7-12-19.) | 24 | | Section 95. No acceleration or delay. Where this Act makes | 25 | | changes in a statute that is represented in this Act by text |
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| 1 | | that is not yet or no longer in effect (for example, a Section | 2 | | represented by multiple versions), the use of that text does | 3 | | not accelerate or delay the taking effect of (i) the changes | 4 | | made by this Act or (ii) provisions derived from any other | 5 | | Public Act.". |
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